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Williams v Hensman

[1861] 1 J & H 546

Case summary last updated at 08/01/2020 15:25 by the Oxbridge Notes in-house law team.

Judgement for the case Williams v Hensman

A fund of money was bequeathed on trust to be invested so as to generate an income payable to A 'the principal to go to her children at her death'. Held: The will created a joint tenancy. The court set out three ways in which a joint tenancy may be severed. Joint tenancy may be severed (i.e. becomes a tenancy in common) by (i) action of a joint tenant on his own share (where one party sells his share); (ii) mutual agreement to sever their interests so that their shares become separate; (iii) mutual conduct (Any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common.) NB The 1925 Act introduces notice in writing as a fourth type of severance 

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